Calhoun

People v. Calhoun

Caution
141 Cal. App. 3d 117·190 Cal. Rptr. 115·1983 Cal. App. LEXIS 1515
Court of Appeal of CaliforniaMarch 22, 1983Docket Nos. 41355, 41510California3,398 words

Opinion

Opinion

Danielson, J.

Pursuant to rule 31(d), California Rules of Court, defendant, Danny Steven Calhoun, appeals from a judgment of conviction entered upon his plea of guilty. His appeal is based solely upon grounds occurring after entry of the plea and does not challenge the validity of the plea.

The People have also appealed from the staying of certain parts of the sentence.

Procedural and Factual Background

Pursuant to a plea bargain, the details of which were stated in open court, defendant entered pleas of guilty to 12 of 34 counts of a consolidated information. The twelve counts were comprised of five counts of rape (Pen. Code, § 261, subds. (2) & (3)); one count of forcible oral copulation (§ 288a, subd. (c)); two counts of assault with a deadly weapon (§ 245, subd. (a)); two counts of kidnaping (§ 207); and two counts of robbery (§ 211). All of these offenses took place on eight different days between April 16 and November 23, 1980. Each offense was against a different female victim. The remaining counts were dismissed, after sentences had been imposed, pursuant to section 1385 and in accordance with the plea bargain agreement.

I. Defendant’s Appeal

Contentions

The defendant…

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